Introduction
Over time, we’ve discussed and placed emphasis on content creators and the regulations that guide the work they do.
It is however also worthy of note that most of these content creators work for agencies that provide content creation services for clients, the purpose of which is aimed at advertising client’s business, services, or profession. These agencies create marketing and advertising contents to drive sales for clients and will be considered as directly being involved in advertising.
Advertising is a vital marketing tool utilized by businesses to promote their products and services. All businesses engage in advertising for purposes of selling new products, creating awareness on new features, promoting their brand, or obtaining public recognition.
While most businesses handle advertisement personally, a few enlightened others engage the services of content creation agencies for that purpose. This comes with a solid legal shield in favor of the business as all resulting legal implications are thereby borne by the agency, thus the agency’s need to ensure that all contents provided for clients are law and regulatory compliant.
Regulating laws
The laws regulating advertising in Nigeria include, but may not be limited to The Nigerian Code of Advertising Practice, Sales Promotion and Other Rights/Restrictions on Practice (“The Advertising Code”), Advertising Practitioners Council of Nigeria (APCON) Vetting Guidelines (Vetting Guidelines), Federal Competition and Consumer Protection Act, Standards Organisation of Nigeria Act, etc.
Legal considerations for content creation
While we may not discuss the content and provision of these laws in detail, we would however point out the major collective legal considerations agencies must be aware of, as provided by the aforementioned laws. They include the following
1. Legality:
All contents created for advertisement purposes must be legal, decent, honest, and respectful. It must not be contrary to any law in Nigeria.
2. Models:
All models used in content creation and or advertisements must be Nigerian, except where the concept specifically requires non-Nigerians to act in this capacity, in which case a particular sum is required to be paid.
3. Representations:
All representations made in the course of adverts must be an honest and exact replication of the product or service descriptions and features mentioned.
4. Suggestive contents:
Contents should not exploit, depict, or suggest sexual behavior either in an obvious or implied context. Advertisements must be decent and should not contain statements, pictures, or illustrations that either suggest or imply sexual behaviours.
5. Legal compliance:
Product specifications are required to comply with the Nigerian Industrial Standards provided by the Standards Organisation of Nigeria (SON). The SON provides standards and quality assurance services for all products, services, and processes in Nigeria in line with international best practices.
6. Hidden costs:
All advertised products must not carry hidden costs, and should as a matter of necessity include prices in Nigerian currency.
Conclusion
Agencies should read these laws, understand the attending legal responsibilities, and effect compliance into their contents.
It is also worthy of note that this legal compliance can be contracted out by the agency. This is done by inputting a non-liability clause in agreements with clients, to the effect that all resulting legal discomfitures will be borne by the client and not the agency.
This article is intended as general awareness and guide, and not professional legal advice. Not all legal considerations, regulations, or laws are captured therein, and should not totally be relied on. For professional consultation and guidance, please consult a Legal Practitioner.
You can also see : ”Content creators: remember to “check” these legal boxes”
